California Exempt Personnel: What you need to know

The overtime, alternative workweek, and makeup time provisions of California law do not apply to persons employed in administrative, executive, or professional capacities.
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To qualify for the administrative exemption, an employee must pass the salary and duties tests.
In order to qualify as an exempt administrative employee in California in 2016, the employee must earn $800 per week, $3,466.67 per month, or $41,600 annually to qualify for exemption.
An employee must pass a three-part duties test to qualify for the administrative exemption in California:
1. He or she performs either:
(a) Office or nonmanual work directly related to management policies or general business operations of his or her employer or his or her employer's customers; or
(b) Functions in the administration of a school system, in an educational establishment or institution, or of a department or subdivision thereof, in work directly related to the academic instruction or training.
2. He or she must customarily and regularly exercise discretion and independent judgment.
3. An exempt administrative employee must either:
(a) Regularly and directly assist a proprietor or an employee employed in a bona fide executive or administrative capacity;
(b) Perform under only general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or
(c) Execute special assignments and tasks under only general supervision.
Administrative v. production work. An area of confusion for workers is determining whether work is administrative or production work. Production work is nonexempt. The courts have in the past referred to this distinction as the ...

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